Litigation Lawyers in Richlands

In Richlands, Virginia, civil procedure is precisely what it sounds like: it refers to the laws that control how civil litigation is done.

The rules of civil procedure in Richlands, Virginia are designed to make the process of civil litigation as efficient, low-cost, simple, and fair as possible.

Civil litigation, however, is inherently complicated. So, there is no getting around the fact that the civil procedure rules in Richlands, Virginia are also going to be somewhat confusing and obtuse (or at least parts of them are). Remember, these rules govern every single thing that happens in a civil lawsuit, from the first complaint, to the last appeal.

Major Richlands, Virginia Civil Procedure Issues

Complaint: The initial, and perhaps most significant, part of filing a lawsuit in Richlands, Virginia is the complaint. The complaint is filed with the court in Richlands, Virginia that's responsible for handling civil trials. It lists everything that the plaintiff (the person who is suing) alleges against the defendant (the person the plaintiff is suing). Typically, but not always, the end of the complaint will contain a "prayer for relief." The prayer for relief is just a statement of what the plaintiff is asking the court to do to remedy the harm that the defendant allegedly caused.

Answer: Once the complaint is filed, the ball is in the defendant's court, so to speak. In the answer, the defendant has an chance to respond to all of the factual allegations made by the plaintiff, typically by denying them. The defendant might also raise affirmative defenses, which could keep the defendant from being held liable. For instance, if the defendant is accused of battery, and he did, in fact, batter the plaintiff, he might admit to that fact, but claim that the plaintiff was the aggressor, and he acted purely in self-defense. If he can establish that he acted in self-defense, he likely will not be held liable.

Discovery: Once the complaint and answer have been filed in a Richlands, Virginia court, the next major civil procedure issue comes up. Discovery is the procedure in which both sides of the lawsuit are obligated to disclose obligated evidence to one another. The lawyers for each side can submit written questions, which the other party is required to answer under oath, unless the information is privileged. Each side can also request any relevant documents, physical evidence, and can conduct depositions of witnesses and parties to the lawsuit.

Trial: In Richlands, Virginia, it's truly very rare for civil lawsuits to go to trial. Of all the lawsuits that are filed, only a tiny minority make it to trial. The majority are either dismissed, or settled. This is by design: the civil procedure rules in Richlands are particularly meant to encourage early resolution of legal disputes, without resorting to a costly and time-consuming trial. Nonetheless, when a case does go to trial, it is for the purpose of a jury resolving all of the factual disputes between the parties. Each side will present evidence acquired through the discovery process, call witnesses, and make arguments on behalf of their position. Once the jury reaches a verdict (a finding of fact), the judge enters a judgment on the verdict.

How Can a Richlands, Virginia Lawyer Help?

If you're facing any substantial legal issue in Richlands, Virginia, you can be pretty much sure that you'll face at least a few procedural complications that can hold up the process.

It should go without saying that you should have a Richlands, Virginia attorney on hand to deal with any civil procedure issues that you're almost sure to face, if you're engaged in a lawsuit.